The Human Rights
Council adopted for first time in 2008 a resolution entitled “Promotion
of the right of peoples to peace” by inspiring on previous resolutions
on this issue approved by the UN General Assembly and the former Human
Rights Commission, particularly the GA resolution 39/11 of 12 November
1984, entitled “Declaration on the Right of Peoples to Peace” and the
United Nations Millennium Declaration.

The resolution
reiterates the traditional position already developed by the former
Human Rights Commission and the UN General Assembly, according to which
“peoples of our planet has a sacred right to peace”[1],
and that preservation and protection of this right constitutes a
fundamental obligation of each State (paragraph 2). Therefore, States
should direct their policies towards the elimination of the threat of
war, particularly nuclear war, the renunciation of the use or threat of
use of force in international relations and the settlement of
international disputes by peaceful means on the basis of the Charter of
the United Nations (paragraph 5).

These principles
constitute a vital requirement for the promotion and protection of "all
human rights of everyone and all peoples” (paragraph 8), included the
right to development and the right of peoples to self-determination
(paragraph 6).

The resolution also
stresses that peace is a vital requirement for the promotion and
protection of all

human rights for all (paragraph 3) and that the deep fault line that
divides human society, between the rich and the poor, and the
ever-increasing gap between the developed and developing worlds pose a
major threat to global prosperity, peace, security and stability
(paragraph 4).

The resolution requeststhe United Nations High Commissioner for
Human Rights to convene, before April 2009, a three-day workshop on the
right of peoples to peace, with the participation of ten experts from
countries of each of the five regional groups. Finally, the workshop may
not be organized due to OHCHR may not identified those areas from which
resources could be redeployed and that the resources available should be
allocated to the preparations for the Durban Review Conference and the
support for the new mandates created at the UN Human Rights Council[2].

II

In 2009 the Human
Rights Council - with the vote in favor of Latin American, African and
Asian countries-, adopted a new resolution on the right of peoples to
peace[3],
which reiterated the content of this right as supported by the
resolution of 2008.

At the same time, the
Human Rights Council recognized the individual approach of the right to
peace in the Preamble of the resolution by affirming that “human rights
include social, economic and cultural rights and the right to peace,
a healthy environment and development, and that development is, in fact,
the realization of these rights” (paragraph 15 of Preamble); that,
pursuant article 28 of the Universal Declaration on Human Rights, “everyone
is entitled to a social and international order in which the rights and
freedoms …can be fully realized” (paragraph 17 of Preamble); and that a
life without war is the primary international prerequisite for the
material well-being, development and progress of countries and for the
full implementation of the rights and fundamental human freedoms
proclaimed by the United Nations” (paragraph 19 of Preamble).

Consequently, the Human
Rights Council insisted that “peace and security, development and human
rights are the pillars of the United Nations system and the foundations
for collective security and well being” (paragraph 5).

Additionally, the Human
Rights Council reiterated the OHCHR to convene a workshop on the
right of peoples to peace, which was finally held on 15-16 December 2009
in Geneva. Experts from countries of all regional groups,
representatives of States, international organizations and NGO were
invited to participate actively into the workshop.

The mandate of the
workshop on the right of peoples to peace was triple:

a) To further clarify
the content and scope of this right;

b) To propose measures
that raise awareness of the importance of realizing this right;

c) To suggest concrete
actions to mobilize States, intergovernmental and non-governmental
organizations in the promotion of the right of peoples to peace
(paragraph 11 of the resolution 11/4)

The Spanish Society for
International Human Rights Law (AEDIDH) actively collaborated with the
OHCHR and the state sponsors of resolution in the organization of the
workshop, and encouraged the active participation of other NGO.
Moreover, this organization presented six written papers to the
workshop.

The workshop of
experts on the right of peoples to peace concluded that on the basis
of studies and latest developments of doctrine and civil society, one
might identify the contents and scope of the human right to peace
as emerging right. Consequently, the workshop recommended the Human
Rights Council to establish a working group of open-composition
(representatives of the States), with the task of initiating the
official codification of the human right to peace. Civil
society representatives should be invited to participate actively in
this working group.

The AEDIDH support the
relevance of the human right to peace as stated in the Luarca
Declaration on the Human Right to Peace of 30 October 2006 by
incorporating this text both the collective (peoples) and the
individual dimension of peace, both equally important. The sum of
both subjects, peoples and human beings, leads to the emerging human
right to peace, in where both peoples and individuals become holders
of this right.

Upon request the Human
Rights Council resolution, the High Commissioner for Human Rights should
submit a report on the outcome of the workshop of experts, in the form
of a summary of discussions, to the Council at its fourteenth session
(June 2010)

III

The Advisory
Committee approved without a vote the recommendation 3/5 on 7 August
2009 entitled “Promotion of the Right of Peoples to Peace”.
Designated Mr. Miguel Alfonso Martinez, a
member of the Advisory Committee "to prepare an initial working paper on
the need to initiate a study with the purpose, inter alia, to: a)
Further clarify the content and scope of this right; b) Propose measures
to raise awareness of the importance of realising this right; c) Suggest
concrete actions to mobilise States, intergovernmental and
non-governmental organisations in the promotion of the right of peoples
to peace”.

The research will be submitted to the
consideration of the Advisory Committee on August 2010. According to the
Rules of Procedure, “a research proposal shall take the form of a
working paper, inter alia, the relevance of the study, including its
being within the scope of the work set out by the Council, timeliness,
object and the general outlines envisaged, as well as a draft timetable”[4].

Furthermore, expert shall take duly into
account "the conclusions and recommendations that may be reached in the
Workshop on this issue referred to in operative paragraph 11 of Council
resolution 11/4".

RECOMMENDATIONS

We invite the expert
Miguel Alfonso Martínez to consider in its study the conclusions and
recommendations of the workshop of experts on the right of peoples to
peace, particularly in relation to the establishment within the Human
Rights Council of an Open Composition Working Group on the codification
of the human right to peace.

The research should promote human rights to peace as
a means to foster the right to self determination of peoples and
all human rights, including the right to development. In special, this
study should recognize the relationship between human right to peace and
the right to life, integrity,
liberty and security of people; the protection
of those person victims of uncontrolled use of mass destruction
weapons in armed conflict; and the exercise of
economic, social and cultural rights to enhance the
social justice, equity, gender equality and the elimination of
extreme poverty since it will make possible the
solidarity, peace and friendly relations among all nations, races,
ethnicities or religions.

The study should stress that human right to
peace strength solidarity rights and peace education,
and the construction of democratic, interactive and egalitarian
multiculturalism, as well as the promotion of dialogue among cultures,
civilizations and religions, as a means to achieve the human right to
peace and to discourage the armament career.

The research should take necessary measures aiming at
the realization of the human right to peace as
contained in the UN Charter, the Universal Declaration on Human Rights,
the International Covenants on Human Rights,
the 2000 United Nations Millennium Declaration, the 2005 World Summit
Outcome Document, the Declaration on the development of societies to
live in peace, the Declaration on the Right of Peoples to Peace, the
Charter of the Organization of American States, the European Convention
for the Protection of Human Rights and Fundamental Freedoms, the
Asian Human Rights Charter, the African
Charter on Human Rights and Peoples' Rights, the Arab Human Rights
Charter and the Charter of the Organization of Islamic Conference.

The study should also take into account the Luarca
Declaration on the Human Right to Peace, adopted by the Spanish civil
society in 2006, and the results of the Global Campaign for the Human
Right to Peace, which leads the AEDIDH with the support of UNESCO
Etxea since 2007 in all regions
of the world and international organizations. In particular, the reports
of the meetings of experts organized by the AEDIDH in the five regions
of the world and the regional declarations on
the human right to peace adopted
by scholars members of civil society in La
Plata, Yaoundé, Bangkok, Johannesburg,
Sarajevo, Alexandria and Havana. Furthermore, the research should
take into account the joint written and oral
statements on the content and scope of the human right to peace
presented by the AEDIDH, with the support of 200 NGOs from around the
world, in the successive sessions of the Human
Rights Council (see
www.aedidh.org).

The study should further recognize the need to
enhance gender mainstreaming in the field of peace-building as
requested by the Beijing Declaration and Platform of
Action, as adopted by the Fourth World Conference on Women of 1995 and
to promote women’s participation at all levels of decision-making on
peace, disarmament and security issues, as provided for in Security
Council resolution 1325 (2000).